The Ontario government is wasting its time by appealing a court ruling that found raw milk crusader Michael Schmidt was not guilty of violating the Health Protection and Promotion Act, the Durham-based farmer and activist said Friday.

The Ministry of the Attorney General confirmed it is appealing last month’s decision by a justice of the peace to dismiss 19 charges against Schmidt to the Ontario Court of Justice, but did not elaborate on the reasons.

“They’re clutching at straws,” Schmidt said in a release.

A yearlong trial that ended Jan. 20 found Schmidt’s innovative “cow-share” program for raw milk consumers – which elicited a raid by the Ministry of Health in 2006 – did not violate provincial laws.

Justice of the peace Paul Kowarsky ruled that Schmidt’s program, in which consumers become “part-owners” of his dairy cows, complied with the Health Protection and Promotion Act and Milk Act, despite the prohibitions on selling unpasteurized milk.

While raw milk is legal to drink, it’s illegal to sell in Canada because it’s considered a health hazard.